Home in his name only. Do not trust him!
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answered on Aug 7, 2023
As long as the house is a marital asset, which it sounds like it is, the court will order the equity to be divided as part of equitable distribution. You will each have the opportunity to buy the other out or else the property will be sold. Speak with a local family lawyer for more specific advice.
Can I take my child out of state, if a restraining order is on me from my soon to be ex wife? I haven’t seen my child in a couple of months.
answered on May 31, 2023
You may hire a lawyer in one state, even if you live in another. You really should since you appear to be subject to a restraining order which may be controlling over your parenting rights until you can get an order more specifically setting out those rights. The specific language of the... View More 
a home and both of our names are on the deed and mortgages. He has become increasingly more emotionally, verbally, and mentally abusive so I am trying to move out but I have nowhere to go. I have invested thousands of dollars in this home and I cannot financially afford to live on my own without... View More
answered on May 3, 2023
While the action you would have to pursue is a Partition Action, which will cost both of you substantial legal fees most likely, I would advise impressing this upon him and reaching some reasonable refinance, buyout or similar resolution without having to resort to litigation for Partition. If this... View More
This is in the state of FL. Petitioner makes several claims that are false and a few that are exaggerated highly. It is for dating violence when in fact there has been none whatsoever the relationship was toxic certainly but NEITHER party was violent towards the other. I have a hearing soon where I... View More
answered on Mar 8, 2023
To have the TRO dismissed, you will need to present evidence that the allegations made by your ex are untrue or exaggerated. Evidence could include witness statements, photographs, text messages, or any other documentation that can help to prove your case.
You will need to file a motion to... View More
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answered on Mar 2, 2023
In Florida, notice reasonably calculated to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections is required in civil cases. This is typically satisfied by following the rules of service of process as outlined in the Florida Rules of... View More
Altercation. She has left within seconds of being connected to 911 but they sent officers anyways. When they arrived they noticed an injury and asked about it. I was honest and told them that it happened during the altercation but didn't want to press charges. They took pictures and The state... View More
answered on Feb 17, 2023
Yes, they can file charges; they don't need your permission.
My mom is married to a guy that hit her and was charged with Domestic violence in California. They stayed together but shortly afterwards lost their home in the Paradise CA fire and now live in Florida. My sister once took his guns away when he was suicidal and never reported it. We know he's... View More
answered on Feb 5, 2023
No, your mom is not prohibited from purchasing firearms just because her husband has been convicted of a California misdemeanor involving domestic violence. If she acquires the firearm with the intended purpose that he has access to it, she would be committing a felony; see Florida Statute... View More
we were living together since July. In November, we broke up and I asked him to leave-- he refused- so I filed an unlawful detainer on 12/7- my house, he paid no bills etc. He had me arrested for alleged domestic violence 12/9. The state's att'y has dismissed the case due to lack of... View More
answered on Dec 26, 2022
You can petition for a domestic violence injunction if you independently have the facts to support it. The Court Clerk's office should have forms for you check off the reason(s) supporting an injunction. Your ex filing against you is irrelevant to your eligibility and to your likelihood of... View More
2 previous restraining orders against him.
He left Georgia at 14 to come to FL. After 1st restraining order, my son was 8 months old and I received a letter stating that they have been looking for him for over 3 years. Indicating to me he possibly has a child back in Georgia that he fleed... View More
answered on Dec 10, 2022
Apparently, you are seeking another restraining order. You could ask the person who sent you the letter for more information. But chances are that such information would be irrelevant with respect to your current application and/or would be inadmissible as hearsay.
I also have Medical records that prove my blood sugar dropped to 34 so it was impossible for me to be competent. I've been trying to figure out why they punish me for everything. The judge kept me in jail for 4 months with no bond. Then she gave me a bond for 60,000 and all over a domestic I... View More
answered on Oct 28, 2022
I understand your position; however, I don’t see facts, in your discussion, that supports your claim. Generally speaking, if a judge shows bias, your lawyer should file a motion to recuse (remove the judge from your case). Assuming the facts warrant such a motion, you may wish to pursue an... View More
In florida throwing a rock at someones car is projecting a deadly missile. My question is if someone throws something at your car in a road rage incident that can injure you or your passengers is it legal to shoot back (stand your ground law). I need professional legal advice from someone who knows... View More
answered on Sep 24, 2022
Your question is vague as to the timing of the events, as well as the specific danger posed by the rock-thrower. You may "stand your ground" with reasonable force that is necessary for self-defense - that is, to stop an ongoing attack that may cause death or great bodily injury to you.... View More
he gave me 1 month to leave his house because I caught him cheating. It escalated where he put his hands on me in front of my child. I called the police and reported it. I don't have family around so I have nowhere to go right away. I haven't worked in 6 months, he's been paying all... View More
answered on Sep 10, 2022
No, he cannot just kick you out like a dog. If you have stayed there for longer than 30 days, then he has to take legal steps to evict you. If you are married then different rules apply. But if you are just a houseguest, then he first has to serve you a notice to vacate, and then he has to file an... View More
We lived together, she left and then this happened. She’s already broken windows and super glued my gas cap shut.
answered on Aug 9, 2022
The respondent can file a motion to modify or remove a restraining order if he/she proves that the circumstances that granted the injunction no longer exist. It's up to the judge's decision to remove the injunction. If the judge finds the petitioner is no longer in danger, the injunction... View More
My child was taken because of domestic violence that he witnessed one time my child is 15 years old I am 52
answered on Jun 28, 2022
I’m not sure if the injunction was a civil one, a DCF injunction or a criminal no contact order. It may be a combination of things. In any event, you need to file an action for dissolution of marriage or a paternity action. I would strongly suggest that you hire a qualified family law attorney to... View More
My friend has a no contact order against her in Citrus County, Florida from her ex boyfriend. He repeatedly found ways to contact her even though she blocked him. He eventually told her he dropped the no contact order. So she talked to him and eventually moved back in with him. Well when she found... View More
answered on May 3, 2022
She should immediately report the situation to the court. If he still has her phone, but she was able to tell you about it, I suggest you contact the state attorney and the court (i.e.: the judge's judicial assistant)..
Hello I am seeking help with divorce from my husband who is incarcerated for battery on me for the third time he is in prison. I was advised that since this was in relation to domestic battery you would be able to help me divorce my husband. I am seeking immediate divorce as soon as possible , how... View More
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answered on Jul 6, 2023
You need to contact a local family law attorney who will prepare your pleadings and serve your husband in prison. Speak with a local family lawyer for more specific advice.
Family members have informed us that she is attempting to rent 1 of the 2 apartments above us. I contacted the rental office and informed them of the order this week. She has not moved in yet but has started receiving mail at the apartment as we have been told by a family member who was asked to... View More
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answered on Jun 19, 2023
You took the right first step by contacting the leasing office. If the person in fact moves in then you can notify the police. A violation of an injunction becomes a criminal offense. Speak with a local lawyer for more specific advice.
I recently filed an injunction against my ex. A majority of the reason is him posting things about me online to humiliate and embarrass me. When I filed , I was told “the computer” chose dating violence, but I’m wondering if dating violence covers the online harassment as well as showing up... View More
answered on Jun 19, 2023
You need to actually invest in a conversation with an attorney in your county who practices domestic relations and domestic violence law. Your answer is going to depend on the specific language of the injunction and the specific text of the online statements the respondent has made.
I currently have a restraining order placed on me two years ago, but the other party has been contacted me, and even visited my apartment. I feel that the restraining order is unjustified,as the other party can't prove they fear for their life .
answered on Jun 17, 2023
You may be able to file a Motion to Dissolve the Injunction. You should consult with an attorney regarding the specific facts of your case to determine if you meet the burden required to dissolve the injunction. Contact your local legal aid center for assistance.
I'm in Florida and am going through a pretty tumultuous break up. This was part of a series of mental health crises where I experienced some very unsafe thoughts.
As a result, I lashed out at him in the midst of a crisis.
He has shown up to my house several times unannounced.... View More
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answered on Jun 9, 2023
Step one is make sure that he is served with the temporary injunction. You (or the Sheriff) can contact the probation officer directly. They may or may not be able to tell you the possible consequences of a probation violation. You may also be able to report his behavior directly to the police.... View More
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